80 FR 52841 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range		52841-52842
FR Document		2015-21526

Federal Register, Volume 80 Issue 169 (Tuesday, September 1, 2015)

[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52841-52842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21526]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0089]


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal 
Regulations (CFR), this document provides the public notice that by a 
document posted on March 11, 2015, the Ashtabula, Carson & Jefferson 
Railroad (ACJR) has petitioned the Federal Railroad Administration 
(FRA) for a waiver of compliance from certain provisions of the Federal 
railroad safety regulations contained at 49 CFR 223.11, Requirements 
for existing locomotives. FRA assigned the petition Docket Number FRA-
2009-0089.
    ACJR of Jefferson City, OH, has petitioned for a permanent waiver 
of compliance for one locomotive, ACJR 7371, from the requirements of 
the railroad safety glazing standards at 49 CFR part 223 that require 
certified glazing in all windows. ACJR, chartered in 1984 to save the 
Conrail Jefferson Industrial Track, is located in the northeastern 
corner of Ohio. Its 6.3-mile long track, running through level farmland 
and wooded areas, has one terminus in Jefferson, OH, and the other, for 
interchanges, at the south end of Norfolk Southern Railway's Carson 
Yard in Ashtabula, OH. The railroad provides bulk commodity shipping 
and transloading services to customers from its staging facilities at 
the termini. Each year, the railroad hauls approximately 1,200 cars, at 
speeds not exceeding 10 mph.
    The locomotive was built by the American Locomotive Company (Alco) 
in April 1941, as a model S1 B-B yard switcher with an Alco 539 (6-
cylinder, 660 hp) engine. It is equipped with Plexiglas-type safety 
glazing that is in good condition, clear, and unscratched. ACJR states 
that there has been no instance of vandalism in approximately 30 years 
of its operations. ACJR further states that the expense of retrofitting 
the locomotive to comply with FRA safety glazing standards would impose 
an

[[Page 52842]]

undue financial burden that ACJR cannot bear at this time.
    Because of a low risk of exposure to injury due to vandalism and 
the prohibitive cost of glazing material and labor, ACJR is requesting 
the waiver of regulation contained at 49 CFR 223.11 for its locomotive 
listed above.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by October 16, 2015 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on August 10, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-21526 Filed 8-31-15; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices 52841

five years each railroad must file a departure test of cab signal, train stop, within 30 days of publication of this
signal system status report. The report is or train control devices on locomotives notice in the Federal Register.
to be prepared on a form issued by FRA before that locomotive enters the Authority: 44 U.S.C. 3501–3520.
in accordance with the instructions and equipped territory. This section further
requires that whoever performs the test Issued in Washington, DC on August 26,
definitions provided. Title 49 of the
2015.
Code of Federal Regulations, part 235 must certify in writing that the test was
properly performed. The certification Corey Hill,
sets forth the specific conditions under
which FRA approval of modification or and test results must be posted in the Acting Executive Director.
discontinuance of railroad signal locomotive cab with a copy of the [FR Doc. 2015–21542 Filed 8–31–15; 8:45 am]
systems is required and prescribes the certification and test results retained at BILLING CODE 4910–06–P
methods available to seek such the office of the supervisory official
approval. The application process having the proper authority. However, if
prescribed under part 235 provides a it is impractical to leave a copy of the DEPARTMENT OF TRANSPORTATION
vehicle enabling FRA to obtain the certification and test results at the
location of the test, the test results must Federal Railroad Administration
necessary information to make logical
and informed decisions concerning be transmitted to either the dispatcher
carrier requests to modify or or one other designated official who [Docket Number FRA–2009–0089]
discontinue signaling systems. Section must keep a written record of the test
results and the name of the person Petition for Waiver of Compliance
235.5 requires railroads to apply for
FRA approval to discontinue or performing the test. All records In accordance with part 211 of Title
materially modify railroad signaling prepared under this section are required 49 of the Code of Federal Regulations
systems. Section 235.7 defines material to be retained for 92 days. Finally, (CFR), this document provides the
modifications and identifies those § 236.590 requires the carrier to clean public notice that by a document posted
changes that do not require agency and inspect the pneumatic apparatus of on March 11, 2015, the Ashtabula,
approval. Section 235.8 provides that automatic train stop, train control, or Carson & Jefferson Railroad (ACJR) has
any railroad may petition FRA to seek cab signal devices on locomotives every petitioned the Federal Railroad
relief from the requirements under 49 736 days, and to stencil, tag, or Administration (FRA) for a waiver of
CFR part 236. Sections 235.10, 235.12, otherwise mark the pneumatic compliance from certain provisions of
and 235.13 describe where the petition apparatus indicating the last cleaning the Federal railroad safety regulations
must be submitted, what information date. contained at 49 CFR 223.11,
must be included, the organizational Type of Request: Revision of a Requirements for existing locomotives.
format, and the official authorized to currently approved information FRA assigned the petition Docket
sign the application. Section 235.20 sets collection. Number FRA–2009–0089.
Affected Public: Businesses
forth the process for protesting the ACJR of Jefferson City, OH, has
(Railroads).
granting of a carrier application for Form(s): FRA F 6180.47; FRA F petitioned for a permanent waiver of
signal changes or relief from the rules, 6180.14. compliance for one locomotive, ACJR
standards, and instructions. This section Total Annual Estimated Responses: 7371, from the requirements of the
provides the information that must be 1,673,546. railroad safety glazing standards at 49
included in the protest, the address for Total Annual Estimated Burden: CFR part 223 that require certified
filing the protest, the item limit for 444,883 hours. glazing in all windows. ACJR, chartered
filing the protest, and the requirement Addressee: Send comments regarding in 1984 to save the Conrail Jefferson
that a person requesting a public these information collections to the Industrial Track, is located in the
hearing explain the need for such a Office of Information and Regulatory northeastern corner of Ohio. Its 6.3-mile
forum. Section 236.110 requires that the Affairs, Office of Management and long track, running through level
test results of certain signaling Budget, 725 Seventeenth Street NW., farmland and wooded areas, has one
apparatus be recorded and specifically Washington, DC, 20503, Attention: FRA terminus in Jefferson, OH, and the other,
identify the tests required under Desk Officer. Comments may also be for interchanges, at the south end of
§§ 236.102–109; 236.377–236.387; sent via email to OMB at the following Norfolk Southern Railway’s Carson Yard
236.576; 236.577; and 236.586–589. address: oira_submissions@ in Ashtabula, OH. The railroad provides
Section 236.110 further provides that omb.eop.gov. bulk commodity shipping and
the test results must be recorded on pre- Comments are invited on the transloading services to customers from
printed or computerized forms provided following: Whether the proposed its staging facilities at the termini. Each
by the carrier and that the forms show collections of information are necessary year, the railroad hauls approximately
the name of the railroad, place and date for the proper performance of the 1,200 cars, at speeds not exceeding 10
of the test conducted, equipment tested, functions of the Department, including mph.
test results, repairs, and the condition of whether the information will have The locomotive was built by the
the apparatus. This section also requires practical utility; the accuracy of the American Locomotive Company (Alco)
that the employee conducting the test Department’s estimates of the burden of in April 1941, as a model S1 B–B yard
must sign the form and that the record the proposed information collection; switcher with an Alco 539 (6-cylinder,
be retained at the office of the ways to enhance the quality, utility, and 660 hp) engine. It is equipped with
mstockstill on DSK4VPTVN1PROD with NOTICES

supervisory official having the proper clarity of the information to be Plexiglas-type safety glazing that is in
authority. Results of tests made in collected; and ways to minimize the good condition, clear, and unscratched.
compliance with § 236.587 must be burden of the collection of information ACJR states that there has been no
retained for 92 days, and results of all on respondents, including the use of instance of vandalism in approximately
other tests must be retained until the automated collection techniques or 30 years of its operations. ACJR further
next record is filed, but in no case less other forms of information technology. states that the expense of retrofitting the
than one year. Additionally, § 236.587 A comment to OMB is best assured of locomotive to comply with FRA safety
requires each railroad to make a having its full effect if OMB receives it glazing standards would impose an

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Document Created: 2018-02-26 10:04:42
Document Modified: 2018-02-26 10:04:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 52841

80 FR 52841 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATIONFederal Railroad Administration

Federal Register Volume 80, Issue 169 (September 1, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration